34. Industrial Safety And Health Law

(1) PURPOSE OF THE LAW AND SYSTEM
In tandem with the Labor Standard Law, the primary objectives of this law are to secure the safety and health of workers in workplaces, as well as to the establishment of comfortable working environments, by promoting comprehensive and systematic countermeasures concerning the prevention of industrial accidents, such as taking measures for the establishment of standards for safety and health, the clarification of responsibility and the promotion of voluntary activities, with a view to preventing industrial accidents.

(2) OUTLINE OF THE LAW AND SYSTEM
The Law imposes on those who manufacture, import, install or use any machine which involves danger in operation the liability of manufacture permission, inspection and conformity to construction codes, etc. (Articles 37, 38, 42 and 44-2).

(3) CABINET ORDER AND MINISTRIAL ORDINANCES
Enforcement Order of the Industrial Safety and Health Law
Ordinance on Safety for Cranes etc,
Ordinance on Safety of Boilers and Pressure Vessels, etc.

(4) OUTLINE OF THE CONTROL
1) Items Covered
Boilers, cranes and other machines which involve considerable danger in operation, machines which involve danger or harm in operation, machines operated in hazardous places, and machines used to eliminate hazards or prevent health impairment, etc.

2) Outline of the control
i. Content of the Control
Any person who has manufactured or imported any machine which involves considerably dangerous operation such as boilers has to undergo inspections by the Director-General of the Prefectural Labor Bureau or Authorized Inspection Agencies regarding the competent conformity of the construction code set by the Minister of Health,Labour and Welfare, in a accordance with its danger.
Those machines, other than the ones above mentioned, shall not be transferred, leased or installed unless comforming to construction codes or containing the safety devices specified by the Minister of Health,Labour and Welfare.

ii. Procedure for Application
Anyone who is to undergo inspection during manufacturing of machinery such as boilers must file an application for inspection together with specified documents to the Director-General of the Prefectural Labour Bureau.
Anyone who is to undergo an individual examination is required to apply to the Authorized Inspection Agency.

iii. Certification System
Individual examination,model examination and self-certification systems according to the danger of respective machines.

[Flowchart of certification system ]
A. Inspection for specified machines.
a. Boilers (excluding movable boilers) and Class 1 pressure vessels

Inspection for special machines



(Note)
1. Certification shall be issued after the inspection which is undertaken by the Labour Standards Inspection Office upon application from the user who has installed the products.
2.  All action within the dotted lines shall be conducted by Director-General of the Prefectural Labour Bureau (the same applies to b.)

b. Mobile cranes, gondolas and movable boilers
Inspection for special machines

B. Individual examination (Article 44 of the Industrial Safety and Health Law)
Individual examination

(Note)  All action within the dotted lines shall be conducted by the Authorized Inspection Agencies.

C. Model examination (Article 44-2 of the Industrial Safety and Health Law)
Type inspection
(Note)  All action within the dotted lines shall be conducted by the Authorized Inspection Agencies.


Any foreign manufacturer may directly file an application. Application can be filed by attaching inspection data obtained by the foreign inspection agency designated by the Minister of Health,Labour and Welfare.
[Testing and inspection organizations]
Testing and inspection organizations



(5) HIGHLIGHTS OF THE RECENT AMENDMENT
In line with the amendment of the Measurement Law, the measuring unit for pressure is changed from kg per square cm to mega paschal (enforced from October, 1999)

(6) REFERENCE INFORMATION
(Liaison Offices for Further Information)
Industrial Safety and Health Department, Labour Standards Bureau, Ministry of Health,Labour and Welfare
Policy Planning Division :
Tel: 03-3502-6753
Safety Division :
Tel: 03-3502-6754
Industrial Health Division :
Tel: 03-3502-6755 http://www.mhlw.go.jp